California Court of Appeal
Ailanto Properties, Inc. v. City of Half Moon Bay, A098920
Holding that, under Government Code section 66452.6(b)(1), the expiration of plaintiff's vesting tentative map was tolled for only five years, is affirmed as section 66452.6(b)(1) limits to five years the length of any moratorium-related tolling of the expiration of a tentative map. Ruling that plaintiff's delivery of a purported phased final map to the city engineer constituted an effective filing entitling plaintiff to a 36-month extension of its vesting tentative map under section 66452.6(a)(1) is reversed as such filing does not entitle plaintiff to a further extension of the life of its vesting tentative map because the phased final map does not conform to the requirements of the vesting tentative map.
Appellate Information
- Decided 08/30/2006
- Published 08/30/2006
Judges
- SIMONS, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Aaronson, Dickerson, Cohn & Lanzone, Robert J. Lanzone, San Carlos; Cassidy, Shimko & Dawson, Stephen K. Cassidy, Anna C. Shimko, San Francisco, Matthew D. Francois; McCracken, Byers & Haesloop and Michael D. McCracken, San Mateo, for Plaintiff and Appellant.
- For Appellees:
- Adam U. Lindgren, City Attorney; Meyers, Nave, Riback, Silver & Wilson, Julia L. Bond, Armit S. Kulkarni; Jarvis, Fay & Deporto and Rick W. Jarvis for Defendants and Appellants.